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AGENDA STAFF REPORT t
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DATE: November 14, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH .ADOPTING A PROCESSING AND
ADMINISTRATIVE FEE FOR INCIDENTAL
ENTERTAINMENT.AND RENEWAL PERMITS
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6701 adopting a processing and
administrative fee for Incidental Entertainment and Renewal Permits.
ANALYSIS:
On October 24, 2016 the City Council conducted the. first reading of an
Ordinance amending Chapter 11.4.05 of the Seal Beach Municipal Code
pertaining to allowable incidental business activities. At the end of the meeting,
the City Council voted to adopt the Ordinance and set the item for second
reading on November 14, 2016.
The adoption of the Ordinance allows businesses to apply for a City permit to
conduct live, amplified or unamplified entertainment as an incidental business
activity. The Ordinance permits amplified entertainment subject to specific
performance standards and conditions that would be applied upon issuance of an
incidental entertainment permit approved by the Planning Commission following
a noticed'public hearing.
The process and issuance of an entertainment permit'application will require staff
time and therefore a permit fee is necessary. Staff's involvement is critical in
ensuring that every application is reviewed to ensure that applicable conditions
and standards are structured based upon each business owner's request and
impacts on nearby uses.
Along with establishing' a new permitting process, a permit fee for the incidental
entertainment activities and renewal permit is necessary to 'offset some of staff's
administrative time to review the application, prepare a report, send out notices
and.conducta public hearing. Staff is able to determine a recommended fee that
is'based upon the time necessary to process these regulatory land use permits.
Agenda Item 0
# of hours Hourly Total cost for
Departmental Direct Cost anticipated for Rate review ($)
review time
Director of Community 1.5 108.08 162.12
Development
Police.Sergeant 1.5 123.00 184.5
Senior Planner 3.0 67.98 203.94
Planner 4.0 62.74 250.96
Executive Assistant 4.0 37.81 151.24
Sub-Total 952.76
Radius Map Processing Fee (existing fee) 204.00
Total 1,156.76
As proposed, the total fee for an Incidental Entertainment Permit will be
$1,156.76. The total fee includes the cost of staff time, of $952.76, plus the cost
of public notification for a 500 foot radius map, which is an existing fee set by the
current fee schedule.
Staff recommends that the annual renewal fee be half of the original fee, and is
proposed at $476.38, plus the radius map processing fee of $204, since staffs
initial efforts on a renewal permit application will include circulating public hearing
notices, and preparing a memorandum and recommendation to Planning
Commission.
ENVIRONMENTAL IMPACT:
This resolution is exempt from review under the California Environmental Quality
Act because it establishes the fees for processing and reviewing the incidental
entertainment activities permit and renewal permit. The proposed resolution
includes changes to the rates, fare and charges necessary to finance City's
review, processing and issuance process. This resolution is therefore statutorily
and categorically exempt from the further CEQA review under 14 California Code
of Regulations Sections 15273 and 15309.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The established fee assumes a cost recovery for some of staff time to review,
process and issue an incidental entertainment activity permit and annual renewal
permit. Additionally, the implementation phase may involve the use of a contract
code enforcement officer to assist with any monitoring and enforcement of
performance standards at an estimated billable time of $65-$80/hr. and the
Page 2
purchase•of,a sound meter at minimum $800. Staff training can occur through a
contract with the Noise consultant.
RECOMMENDATION:
That the City Council adopt Resolution No. 6701 adopting a processing and
administrative fee for an Incidental Entertainment Permit and Renewal Permit.
S : ITTED Y: NOTED AND APPROVED:
117 :.sha 'n' . Ingram, City gntger
Director of Community Development
Community Services
Attachment:
A. Resolution No. 6701
Page 3
Attachment "A"
RESOLUTION NO. 6701
A. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, 'CALIFORNIA ADOPTING
PROCESSING AND ADMINISTRATIVE FEES FOR
INCIDENTAL ENTERTAINMENT PERMITS AND
RENEWAL PERMITS IN THE CITY OF SEAL
BEACH
WHEREAS, the City of Seal Beach has adopted Ordinance No. 1659
relating to allowable incidental business activities, including a requirement for
incidental entertainment permits and renewal permits; and
WHEREAS, the Seal Beach City Council is empowered to impose
reasonable fees, rates and charges for municipal services including a
nonrefundable application fee and nonrefundable annual renewal fee; and
WHEREAS, the Seal Beach City Council determines,that fees, rates, and
charges should cover the costs reasonably borne or a substantial portion of the
actual costs of the goods and services provided by the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. FEES.
A. Incidental Entertainment Permit Application Fees shall be as follows:
1 . Initial Application $952.76
2. Renewal Application - $476.38
3. Radius Map Processing - $204 (existing fee)
SECTION 2. FINDINGS.
A. The fees set forth above are based on the Time and Cost Table which is
included as Table A below.
Table A
Time and Cost
Departmental # of hours anticipated Hourly Total cost for
Direct Cost for review time Rate review ($)
Direct?* of Community 1.5 108.08 162.12
Development _
Police Sergeant 1.5 123.00 184.50
SeniorPlanner 3.0 67.98 203.94
Planner 4.0 62.74 250.96
Executive.Assistant 4.0 37.81 151.24
Sub-Total 952.76
1
Radius Map Processing Fee (existing fee) 204.00
'Total 1,156.76
B. The City Council specifically finds that the fees set forth in Section 1
above do not exceed the City's reasonable costs in providing these
services.
SECTION 3. EFFECTIVE DATE.
The fees set forth herein shall take effect immediately upon,the effective date of
Ordinance No. 1659.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14 day of November , 2016 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Sandra Massa-Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6701 on file in
the office of the City Clerk, passed,approved, and adopted by the City Council at
a regular meeting held on the 14 day of November , 2016.
Robin L. Roberts, City Clerk
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